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41. From the Editor

Author:
Craig Biddle
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
Merry Christmas, readers! And welcome to the Winter 2011 issue of The Objective Standard. I'd like to begin by congratulating Antonio Puglielli, the winner of the second annual TOS essay contest. Mr. Puglielli's entry, “'Dog Benefits Dog': The Harmony of Rational Men's Interests,” won him $2,000 and publication of his essay in TOS (see p. 67). Second place went to Caleb Nelson (winning $700) and third place to Deborah B. Sloan (winning $300). Congratulations to Mr. Nelson and Ms. Sloan, as well! As Mitt Romney and Newt Gingrich vie for the GOP presidential nomination, and as Republicans marshal efforts to secure as many Senate seats as possible, advocates of liberty need to keep an eye on the one principle that unifies our political goals and grounds them in moral fact. In “The American Right, the Purpose of Government, and the Future of Liberty,” I identify that principle and discuss its application to issues of the day, including “entitlement” spending, corporate bailouts, and the Islamist threat. If you wonder which side of the abortion debate has the facts straight—or why the issue should matter to anyone other than pregnant women—you will find answers in “The Assault on Abortion Rights Undermines All Our Liberties,” by Diana Hsieh and Ari Armstrong. And if you already know the answers, I think you'll agree that this is the article to circulate on this matter. You may think that Steve Jobs was an impatient man, and you may know of evidence to support that idea, but in Daniel Wahl's “The Patience of Jobs,” you'll discover that Jobs, once again, breaks the mold. He was not patient, yet he was. How can that be? (Hint: The answer has nothing to do with Buddhism.) Get ready to fall in love with Linda Mann's still lifes and her manner of discussing them. Why do they grab your attention? Why do they hold it? Why are they so fascinating and rich and beautiful? I press Ms. Mann for answers, and she delivers. The interview is accompanied by color images of the paintings discussed. What's so great about the National Gallery of Art in Washington, D.C.? Sanctum sanctorum—it's the holy of holies—says Lee Sandstead, and he has facts and photos to prove it. Chris Wolski reviews the movie The Help, directed by Tate Taylor. And the books reviewed in this issue are: Steve Jobs, by Walter Isaacson (reviewed by Daniel Wahl); This is Herman Cain! My Journey to the White House, by Herman Cain (reviewed by Gideon Reich); American Individualism—How a New Generation of Conservatives Can Save the Republican Party, by Margaret Hoover (reviewed by Michael A. LaFerrara); Disabling America: The Unintended Consequences of the Government's Protection of the Handicapped, by Greg Perry (reviewed by Joshua Lipana); The Right to Earn a Living: Economic Freedom and the Law, by Timothy Sandefur (reviewed by Loribeth Kowalski); Keynes Hayek: The Clash That Defined Modern Economics, by Nicholas Wapshott (reviewed by Richard M. Salsman); Capitalist Solutions: A Philosophy of American Moral Dilemmas, by Andrew Bernstein (reviewed by Ari Armstrong); Toyota Under Fire: Lessons for Turning Crisis into Opportunity, by Jeffrey K. Liker and Timothy N. Ogden (reviewed by Daniel Wahl); Dare to Stand Alone: The Story of Charles Bradlaugh, Atheist and Republican, by Bryan Niblett (reviewed by Roderick Fitts). This issue of TOS completes our sixth year of moving minds with the ideas on which a culture of reason and freedom depend. Our seventh year will be, as every year is, bigger and better than the last, and we thank you for your continued business and support. We couldn't do what we do without you. Have a joyful Christmas, a happy New Year, and a prosperous 2012. —Craig Biddle
Topic:
Economics and Government
Political Geography:
New York, America, and Washington

42. Toward a Free Market in Education: School Vouchers or Tax Credits?

Author:
Michael A. LaFerrara
Publication Date:
03-2011
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
More and more Americans are coming to recognize the superiority of private schools over government-run or “public” schools. Accordingly, many Americans are looking for ways to transform our government-laden education system into a thriving free market. As the laws of economics dictate, and as the better economists have demonstrated, under a free market the quality of education would soar, the range of options would expand, competition would abound, and prices would plummet. The question is: How do we get there from here? Andrew Bernstein offered one possibility in “The Educational Bonanza in Privatizing Government Schools” (TOS, Winter 2010-11): Sell government schools to the highest bidders, who would take them over following a transitional period to “enable government-dependent families to adjust to the free market.” This approach has the virtues of simplicity and speed, but also the complication of requiring widespread recognition of the propriety of a fully private educational system—a recognition that may not exist in America for quite some time.
Topic:
Economics, Education, and Government
Political Geography:
America

43. An Interview with Atlas Shrugged Movie Producer Harmon Kaslow

Author:
Craig Biddle
Publication Date:
03-2011
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
Craig Biddle: Thank you for joining me today, Harmon. I'm very excited about the Atlas Shrugged movie, and I know that TOS readers want to hear all about it. Harmon Kaslow: It's my pleasure. CB: How and when did you get involved in making this movie? HK: I got involved in April 2010 after being contacted by John Aglialoro, my coproducer. At that point, a movie had to be made quickly or John would lose the rights to it. So he contacted me to see if I might be able to help him put together a lower-budget version in short order. CB: As coproducers, what have been John's and your respective roles in the movie? HK: John's role was to keep the movie faithful to the book. Mine was to get the movie into production before June 15. John has probably read Atlas more than a dozen times, and during the process of writing the screenplay and getting the film into production, he was constantly rereading chapters, mulling over the elements of the story, and working to ensure that the production remained true to Rand's ideas. My job was to work with John to make the movie happen, to get all the pieces together so that we could say “action” and make certain the film was completed. CB: Atlas Shrugged is a 54-year-old story. Why do you think it matters today? HK: For starters, many events from the story parallel real-life events today. For instance, whereas in the story the government passes business-thwarting laws such as the “Anti-Dog-Eat-Dog Rule” and the “Equalization of Opportunity Bill,” in real life today the government is passing laws such as the “Emergency Economic Stabilization Act” and the “Patient Protection and Affordable Care Act.” But more fundamentally, the story matters because it dramatizes timeless philosophic truths about human nature, the role of reason in human life, the morality of rational self-interest versus predation or “greed,” the role of the government and of the citizen, and man's need of political and economic freedom. These truths will always matter. . . .
Topic:
Economics and Government

44. A Prescription for America's Health Care Ills

Author:
Stella Daily Zawistowski
Publication Date:
09-2010
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
In their desire for less expensive, higher quality, more accessible health care, Americans have accepted a false alternative: fully regulated, socialized medicine, as advocated by Democrats, or semi-regulated, semi-socialized medicine, as advocated by most Republicans. But if Americans want better health care, they must come to recognize that government intervention, great and small, is precisely to blame for America's health care ills. And they must begin to advocate a third alternative: a steady and uncompromising transition toward a rights-respecting, fully free market in health care. In order to see why this is so, let us first consider the unfree, rights-violating nature of American health care today. Under our current semi-socialized health care system (which both Democrats and Republicans created), the government violates the rights of everyone who provides, purchases, insures, or needs health care. It violates the rights of doctors by forcibly subverting their medical judgment to the whims of government bureaucrats or to the heavily regulated insurance companies; it violates the rights of citizens in general by forcing them to buy insurance with a mandated set of benefits; it violates the rights of insurers by prohibiting them from selling plans of their design to customers of their choice at prices they deem economically appropriate; it violates the rights of pharmaceutical companies by forcing them to conduct trials that, in their professional judgment, are unnecessary; and it violates the rights of suffering and dying patients who wish to take trial medications but are forbidden to by law. These instances merely indicate the numerous ways in which the government violates the rights of health care participants, but they are enough to draw the conclusion that Americans are substantially unfree to act in accordance with their own judgment—a fact that alone is sufficient reason to condemn our current system as immoral. But, as we shall see, the immoral nature of the current system is also precisely what makes it impractical. The system is in shambles because of these rights violations, a fact that will bear out on examination of the three aspects of health care of most concern to Americans: its cost, its quality, and its accessibility. . . .
Topic:
Government
Political Geography:
America

45. How an Economy Grows and Why It Crashes

Author:
Daniel Wahl
Publication Date:
09-2010
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
Very few economists predicted an economic catastrophe in 2007. Even following the crash, many continued to claim that our present economic course was fine. As for today? “Three years into the mess, economists now offer remedies that strike most people as frankly ridiculous. We are told that we must go deeper into debt to fix our debt crisis, and that we must spend in order [to] prosper” (pp. xi–xii). The source of such seeming obliviousness, according to Peter and Andrew Schiff, is the early-20th-century economist John Maynard Keynes. According to the Schiffs, Keynes taught that governments could smooth market volatility, increase employment, boost growth, and raise living standards simply by going into more debt and printing more money. Although they grant that Keynes was smart, the Schiffs say he developed some very stupid economic ideas—ideas that are false, dangerous, and causing the collapse of America's economy. The Schiffs set out to counter these harmful ideas in How an Economy Grows and Why It Crashes. The book is an extended allegory of U.S. economic history, with supplementary discussions and illustrations. It begins with three men living on a tropical island, each subsisting on one fish per day, which he catches with his bare hands. One of the men, Able, devises a better way to catch fish: a net. Thus equipped, he hopes to catch more fish, and faster, leaving himself spare time to make new clothes. . . .
Topic:
Economics and Government
Political Geography:
United States

46. From the Editor

Publication Date:
04-2010
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
This issue of The Objective Standard begins our fifth year of publication, and 2010 is shaping up to be our most exciting year to date. A few items of note: TOS is now on more than four hundred newsstands, and this number is increasing steadily. Look for us in Barnes Noble, Bookstar, Hastings, and other bookstores and newsstands nationwide.
Topic:
Government

47. Letters and Replies

Publication Date:
04-2010
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
Thank you for publishing Paul Beard's excellent article regarding the California Coastal Commission. Perhaps it was intended to be implied, but nowhere in the article was it stated that Pacific Legal Foundation, whose Coastal Land Rights Project Mr. Beard now heads, has represented the property owners in all of the cases he described.
Topic:
Government
Political Geography:
United States

48. Citizens United and the Battle for Free Speech in America

Author:
Steve Simpson
Publication Date:
04-2010
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
The Supreme Court's recent decision in Citizens United v. FEC is one of the most important First Amendment decisions in a generation and one of the most controversial. In it, the Supreme Court struck down a law that banned corporations from spending their own money on speech that advocated the election or defeat of candidates. In the process, the Court overturned portions of McConnell v. FEC, a case in which the Supreme Court, a mere six years ago, upheld McCain-Feingold, one of the most sweeping restrictions on campaign speech in history.
Topic:
Government
Political Geography:
America

49. Government-Run Health Care vs. the Hippocratic Oath

Author:
Paul Hsieh
Publication Date:
04-2010
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
When medical students graduate from medical school, they take an oath-the Hippocratic oath-in which they solemnly swear, above all, to use their best judgment in treating their patients. Doctors hold this oath as sacrosanct; they regard upholding it as morally mandatory, and violating it as out of the question. But in order to uphold this oath, in order to practice medicine in accordance with their best judgment, doctors must be free to practice in accordance with their best judgment. Unfortunately, U.S. politicians are working feverishly to prevent doctors from upholding the Hippocratic oath. How so? By implementing government-run health care. Politicians' efforts to impose government-run health care include their goal of "guaranteeing" health care to everyone. But whenever the government attempts to "guarantee" health care, it must also control the costs of that service-which means, it must dictate how doctors may and may not practice. Toward this end, as Harvard professor Martin Feldstein notes, advocates of government-run health care call for "comparative effectiveness" practice guidelines. Quoting the White House Council of Economic Advisers, Feldstein points out that these guidelines are designed to ration health care and reduce spending by "implementing a set of performance measures that all providers would adopt" and by "directly targeting individual providers . . . (and other) high-end outliers."1 ("High-end outliers" is government-speak for "physicians who order more tests or perform more procedures than the government deems appropriate.") An example of such "effectiveness" guidelines is the new federal recommendations for screening mammography. The U.S. Preventive Services Task Force (USPSTF) recently recommended restricting mammogram screening to women over age fifty, despite the fact that medical organizations such as the American Cancer Society and the American College of Radiology-whose conclusions are based on years of peer-reviewed scientific research-have long recommended that women begin routine mammography at age forty.2 The USPSTF argues that eliminating mammograms for women between ages forty and forty-nine would result in only one additional cancer death per nineteen hundred women screened-an increase in death that they evidently consider acceptable.3 The announcement of these new guidelines caused so much public controversy that Secretary of Health and Human Services Kathleen Sibelius quickly backpedaled and stated that these particular USPSTF recommendations would be "nonbinding."4 But what does "nonbinding" mean when it refers to the guidelines of a government agency? The government is an agent of force. Any government "recommendations" come with at least the implicit threat that recalcitrant doctors may face negative consequences. Not surprisingly, government medical agencies have already adopted the new guidelines. The California state government has begun using the USPSTF guidelines to determine which services patients in the Medi-Cal program may and may not receive.5 (Medi-Cal is the California equivalent of Medicaid in other states.) Government-funded health programs in New York and Ohio have already begun turning away women under fifty seeking mammograms.6 And, Sibelius's reassurances notwithstanding, Congress is considering giving the USPSTF legal authority to determine which screening tests will or will not be covered for patients with private health insurance.7 How are American physicians responding to these developments? Fortunately, many have chosen to ignore the guidelines, to continue practicing according to their best medical judgment, and to order mammograms on their female patients between ages forty and fifty as they see fit.8 But bear in mind that the White House Council of Economic Advisers has already pejoratively labeled such physicians "high-end outliers." If the government decided to enforce its "comparative effectiveness" guidelines, such doctors could be punished at any moment. And bear in mind what the punishment would be for: upholding their Hippocratic oath, their promise to practice according to their best judgment for the best interests of their patients.
Topic:
Government
Political Geography:
United States

50. The Practicality of Private Waterways

Author:
Alan Germani and J. Brian Phillips
Publication Date:
04-2010
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
For centuries, few have questioned the idea that waterways-streams, rivers, lakes, and oceans-are or should be "public property." The doctrine of "public trust," with roots in both Roman and English common law, holds that these resources should not be privately owned but rather held in trust by government for use by all. The United States Supreme Court cited this doctrine in 1892, ruling that state governments properly hold title to waterways such as lakes and rivers, "a title held in trust for the people of the state that they may enjoy the navigation of the waters, carry on commerce over them, and have liberty of fishing therein freed from the obstruction or interference of private parties."1 This "public ownership," however, is increasingly thwarting the life-serving nature of waterways as sources of drinking water, fish, and recreation. Predictably, when a resource-whether a park, an alleyway, or a pond-is owned by "everyone," its users have less incentive to protect or improve its long-term value than they would if it were owned by an individual or a corporation. Users of "public property" tend to use the resource for short-term gain, often causing the deterioration of its long-term value-the well-known "tragedy of the commons." This phenomenon is perhaps nowhere clearer than in the case of waterways. "Public ownership" of waterways has led to, among other problems, harmful levels of pollution and depleted fish populations. Many waterways around the world have become so polluted that they are no longer fit for human use. In 2004, the Environmental Protection Agency reported that one-third of America's lakes and nearly one-fourth of its rivers were under fish-consumption advisories due to polluted waters.2 In 2005, officials in China estimated that 75 percent of that nation's lakes were contaminated with potentially toxic algal blooms caused by sewage and industrial waste.3 And the World Commission on Water has found that half the world's rivers are either seriously polluted or running dry from irrigation and other human uses or both.4 By one estimate, the contaminated drinking water and poor sanitation that result from pollution and low water levels account for five to ten million deaths per year worldwide.5 In addition to containing harmful levels of pollution, many of the world's waterways are being fished in a manner that is depleting fish populations and threatening with extinction fish species such as red snapper, white sturgeon, and bluefin tuna-species highly valuable to human life.6 By 2003, primarily due to fishing practices associated with public waterways, 27 percent of the world's fisheries (zones where fish and other seafood is caught) had "collapsed"-the term used by scientists to denote fish populations that drop to 10 percent or less of their historical highs.7 In 2006, the journal Science published a study that offered a grim prediction: All of the world's fisheries will collapse by 2048.8 Whether or not all of the world's fisheries will collapse in a mere forty years, the data clearly show that current fishing practices are depleting supplies of many species of consumable fish. At best, at the current rate of fish depletion, many fishermen will lose their livelihoods and consumers will have fewer and fewer species from which to choose, species that will become more and more expensive. What solutions have been proposed? Federal and state governments have attempted to remedy these problems through regulation-violating rights and creating new problems in the process. For example, twenty-five states prohibit or severely restrict the use of laundry detergents containing phosphates, substances that harm aquatic life when present in water in high quantities.9 A growing number of state and local governments-including Westchester County, New York, and Annapolis, Maryland-are enacting similar regulations on phosphate-containing fertilizers.10 These laws violate the rights of detergent and fertilizer manufacturers by precluding them from creating the products they choose to create-and they violate the rights of consumers who want to buy such products rather than more-expensive, less-effective alternatives. Further, these rights-violating prohibitions have proven impractical in achieving their purpose: Despite many such regulations having been in effect for nearly forty years,11 an estimated two-thirds of America's bays and estuaries still contain harmful amounts of phosphates.12 Regulations regarding sewage treatment have proven similarly impractical: Since 1972, the federal government has forced water utilities to spend billions of dollars upgrading water treatment facilities, and yet, during the past four years, record numbers of beaches have closed due to pollution from sewage.13 And, for what it is worth, the EPA predicts that by 2016 American rivers will be as polluted by sewage as they were in the 1970s.14 Government efforts to address depleted fish populations have proven similarly impractical. The history of the halibut industry in Alaska is an illuminating case in point. In the 1970s, the International Pacific Halibut Commission (IPHC)-a U.S.-backed intergovernmental regulatory agency-established a five-month fishing season in public waters off the Alaskan coast with the hope of maintaining halibut populations, which had become severely depleted. But forcibly limiting the time during which fishermen could operate did little to improve the fishery's viability: Fishermen simply worked more vigorously during the season, and the halibut population remained at historically low levels. So, in the 1980s, the IPHC attempted to remedy the problem by reducing the five-month fishing season dramatically-to as few as two days.15 During these shortened windows of opportunity, fishermen took extreme risks to maximize their catches, only to be "rewarded" onshore with the plummeting prices of a glutted market. And, in the end, the huge catches brought in by fishermen on these days were still large enough to jeopardize the halibut population.16 So, in 1995, the IPHC dropped the idea of a short fishing season and instead introduced a "catch share program," through which it limits each fisherman's yearly catch to a percentage of what it deems to be a "safe" overall halibut harvest. But neither has this policy helped the situation; today, after more than two decades of shifting regulations, the usable halibut population in Alaskan waters is less than in 1985.17 Although some claim that still more government regulations are required to combat the ongoing problems of pollution and depleted fish populations, any such coercive measures are in principle doomed to failure because they attempt to treat problems in the waterways while ignoring their actual cause: "public ownership." Government force may provide a disincentive for certain behaviors, but this disincentive does not motivate the users of waterways to maintain or enhance the life-serving value of these resources. As a result, America's waterways remain largely and significantly polluted, and fish populations, even where they are stabilizing, remain at levels insufficient to meet the growing demand for seafood. . . . Endnotes The authors would like to thank Craig Biddle, Dwyane Hicks, and Thomas A. Bowden for discussions that aided the authors' understanding of the issues discussed in this article, and Matthew Gerber, Ben Bayer, and Steve Simpson for helpful comments made to earlier drafts. 1 Illinois Central R.R. Co. v Illinois (1892) 146 U.S. 387, 452. 2 Jaime Holguin, "Pollution Overtaking Lakes, Rivers,," CBSNews.com, http://www.cbsnews.com/stories/2004/08/24/tech/main638130.shtml. 3 Antoaneta Bezlova, "China's Toxic Spillover," Asia Times, December 2, 2005, http://www.atimes.com/atimes/China_Business/GL02Cb06.html. When consumed by fish, shellfish, and livestock, such hazardous algae can enter the human food chain. 4 Mary Dejevsky, "Half of World's Rivers Polluted or Running Dry," The Independent, November 30, 1999; http://www.independent.co.uk/news/world/half-of-worlds-rivers-polluted-or-running-dry-1129811.html. 5 http://www.grinningplanet.com/2005/07-26/water-pollution-facts-article.htm. 6 http://www.nmfs.noaa.gov/fishwatch/species/red_snapper.htm , Species l ist from the U.S. Fish and Wildlife Service; http://ecos.fws.gov/tess_public/SpeciesReport.do?groups=E=L=1; http://news.nationalgeographic.com/news/2006/07/060724-bluefin-tuna.html. 7 "Catch Shares Key to Reviving Fisheries," Environmental Defense Fund, http://www.edf.org/article.cfm?contentID=8446. 8 Cornelia Dean, "Study Sees 'Global Collapse' of Fish Species," New York Times, November 3, 2006, http://www.nytimes.com/2006/11/03/science/03fish. 9 http://enviro.blr.com/enviro_docs/88147_9.pdf. 10 Juli S. Charkes, "Board Votes to Ban Phosphate Fertilizers," New York Times, May 1, 2009, http://www.nytimes.com/2009/05/03/nyregion/westchester/03lawnwe.html; Karl Blankenship, "Annapolis to Ban Use of Fertilizer with Phosphorus in Most Cases," Bay Journal, http://www.bayjournal.com/article.cfm?article=3511. 11 Michael Hawthorne, "From the Archives: Banned in Chicago but Available in Stores," Chicago Tribune, April 4, 2007, http://www.chicagotribune.com/news/local/chi-daley-phosphates,0,2871187.story. 12 http://www.grinningplanet.com/2005/07-26/water-pollution-facts-article.htm. 13 http://www.nrdc.org/water/oceans/ttw/titinx.asp and http://epa.gov/beaches/learn/pollution.html#primary. 14 Martha L. Noble, "The Clean Water Act at 30-Time to Renew a Commitment to National Stewardship," Catholic Rural Life Magazine, vol. 45, no. 2, Spring 2003, http://www.ncrlc.com/crl-magazine-articles/vol45no2/Noble.pdf. 15 http://www.fishex.com/seafood/halibut/halibut.html. 16 Halibut populations continued to decline, and the IPHC decreased the allowed catch more than 26 percent between 1986 and 1995. http://www.iphc.washington.edu/halcom/commerc/limits80299.htm. 17 The total catch share for halibut-which is based on "exploitable biomass"-declined between 1985 and 2009. For 1985 limits, see http://www.iphc.washington.edu/halcom/commerc/limits80299.htm. For 2009 limits, see http://www.iphc.washington.edu/halcom/newsrel/2009/nr20090120.htm.
Topic:
Government
Political Geography:
United States and America